(a) No person, without privilege to do so, shall commit graffitism upon any public or private, real or personal property.
(b) Whoever violates subsection (a) of this section is guilty of graffitism, a misdemeanor of the first degree.
(c) In addition to any other punishment imposed, the court shall, as a separate and independent penalty for such an offense, order any person convicted of graffitism to:
(1) Make restitution by monetary payment for the loss or damage incurred, directly or indirectly, including the cost to remove the graffiti; or restoration by physical labor to the property's former condition; and
(2) Perform one hundred (100) hours of community service removing graffiti from public or private, real or personal property.
(d) In the event a minor convicted of graffitism establishes indigency at a hearing, the court may order his or her parent or legal guardian to pay the fine and any restitution required up to the sum of three thousand dollars ($3,000.00). If a convicted minor defendant is unable to pay the fine and restitution due to indigency, and that minor's parents or legal guardian either refuse or are unable due to indigency to pay the fine and restitution, then the court shall require the convicted minor defendant to perform public work under the terms of Section 955.02(e) as part of the sentence, the imposition of which, or execution of such part of the sentence, shall not be suspended by the court.
(e) Any person who violates subsection (a) hereof, on application to, and approval by, the judge hearing such complaint, in lieu of paying the fine, restitution or restoration imposed, may remove graffiti other than that at that location identifiably linked to the violator for which he or she is to make restitution or restoration under (c) above, and the judge shall require; and upon completion of such public work, the fine, restitution or restoration, shall be reduced by an amount equal to the federal minimum hourly wage then in effect for each such hour of service to the extent of such fine, restitution or restoration.
(f) Possession of all rights to any paint, brush, spray paint, wide-tipped marker or other material or tool used in the commission of the offense of graffitism shall be forfeited and disposed pursuant to Section 2981.12 of the Ohio Revised Code.
(g) The provisions of this section shall be in addition to the provisions of any other law concerning offenses against property rights and shall in no way limit such other provisions.
(Ord. 2013-54. Passed 6-17-13.)